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dismissed EB-2 (NIW)

Civil Engineer

Civil Engineering, Construction Management, And Sustainability Consulting Services ยท 2024-05-24

Decision Date
2024-05-24
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to operate a company providing civil engineering, construction management, and sustainability consulting services. The endeavor focuses on developing industrial plants and construction projects using cutting-edge technology and sustainable practices to cater to corporate entities and real estate developers.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as it primarily benefits the petitioner's company and clients rather than the field at large.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Although the business plan projected 11 jobs and revenue increasing to $4,126,500 by year five, the AAO found these projections lacked a sufficient evidentiary basis and did not demonstrate a scale of impact rising to national importance.

Evidence

Evidence Types
Reference Letters Dependent
Business Plan
Industry Reports
Articles

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-24.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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